United States v. Rodriguez

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JORGE RODRIGUEZ, Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 28, 2015

1:13-CR-00357-AWI-BAM (E.D. Cal. Jul. 28, 2015)

Opinion

          BENJAMIN B. WAGNER, United States Attorney, KIMBERLY A. SANCHEZ, Assistant United States Attorney, Fresno, CA, Attorneys for Plaintiff, United States of America.

          VICTOR CHAVEZ, Attorney for Defendant.

          STIPULATION AND ORDER FOR DELIVERY OF CONTROLLED SUBSTANCES TO CENTRAL VALLEY TOXICOLOGY FOR FURTHER ANALYSIS

          ANTHONY W. ISHII, Senior District Judge.

         IT IS HEREBY STIPULATED by and between Benjamin B. Wagner, United States Attorney and Kimberly A. Sanchez, Assistant U.S. Attorney and Victor Chavez, attorney for the defendant, that the Government produce a representative sample of the following exhibit(s), to-wit:

1.01

         as reported in DEA FORM-7, REPORT OF DRUG PROPERTY COLLECTED, PURCHASED OR SEIZED, having the Case File No. R9-13-0117, and dated March 13, 2014, for identification and quantitative analysis (calculated as the hydrochloride salt form) of the controlled substance contained therein by a defense expert, and upon this court's consideration of the arguments and pleadings filed,

         IT IS HEREBY STIPULATED in accordance with FED.R.CRIM.P 16(a)(1)(E), that the Government shall allow the defense to independently inspect and analyze a representative sample from each of the above-described drug exhibits; and

         IT IS FURTHER STIPULATED that the Government shall deliver, in a manner consistent with the type and quantity of controlled substance at issue, a representative sample in the amount of 500 mg or not less than one-half (1/2) the current reserve weight, if less than 1 gram presently remains as the reserve weight, from each of the above-described exhibits to Bill Posey, DEA License No. RC0112095, of the Central Valley Toxicology, located at 1580 Tollhouse Road, Clovis, California 93611, with telephone no. XXX-XXX-XXXX. The DEA San Francisco Laboratory shall arrange the delivery of said representative sample(s) on or before May 25, 2015, to Bill Posey, of Central Valley Toxicology and

         IT IS FURTHER STIPULATED, that upon delivery of the representative sample for each of the exhibit(s) identified above to the defense expert, the defense expert shall conduct the identification and quantitative analysis (calculated as the hydrochloride salt form) ordered herein, and shall provide the Government with an Unsworn Declaration Under Penalty of Perjury, under 28 U.S.C. § 1746, executed by the individual who conducted the analyses, or the head of the facility where the analyses occurred, which states the quantity of each exhibit consumed during testing, and either the weight of each exhibit returned to the Government, or a statement that all sample was consumed during testing; and

         IT IS FURTHER STIPULATED that all remaining material of the sample(s), after testing, is to be returned by Bill Posey to the DEA San Francisco Regional Laboratory via registered U.S. mail, return receipt requested, or approved commercial carrier, within five (5) business days after the completion of analyses; and

         IT IS FURTHER STIPULATED, in accordance with FED. R. CRIM. P. 16(b)(1)(B), that the defendant shall provide the Government with a copy of the results or report of the physical examinations and scientific tests or experiments which resulted from the analyses conducted under this Order: and

         IT IS FURTHER STIPULATED, that Bill Posey is to safeguard the representative sample(s) received, preserving the chain of custody in a manner to faithfully protect the integrity of each exhibit received.

         IT IS SO ORDERED.